Property Disputes Quick guides

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We provide a number of Quick guides which allow Property Disputes practitioners to find quick answers to common issues, and link to more detailed guidance and precedents as needed. The Property Disputes Quick guides include:

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    Quick guide to where to issue common property dispute applications

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Latest Property Disputes News

Non-domestic rates avoidance, liquidation schemes and a moral conundrum (Wigan Council v Property Alliance Group Ltd; Trafford Council v Property Alliance Group Ltd)

Local Government analysis: This is a decision of the Business and Property Courts declaring ineffective two liquidation schemes (‘the Schemes’) deployed by the property investment and development company Property Alliance Group (‘PAG’) and designed to avoid PAG paying non-domestic rates. The case is another in a long line of authorities concerning NDR avoidance schemes and considers the application of the Supreme Court decision of Rossendale Borough Council v Hurstwood Properties (A) Ltd [2021] UKSC 16; [2022] AC 690. Written by Stephanie Smith, barrister at 4-5 Gray’s Inn Square.

Property Disputes weekly highlights—16 October 2025

This week's edition of Property Disputes weekly highlights includes: High Court decisions relating to remediation of defective construction of a dwelling, relief from forfeiture and the impact of abuse of process, and liability for payment of rent while the landlord was in breach of obligation to provide electrical condition reports in Wales. It also includes Scottish property disputes regarding the enforcement of real burdens to protect property enjoyment and proportionate eviction and recovery of tenancy possession; as well as British Property Federation’s response to the Ministry of Housing, Communities and Local Government’s consultation on strengthening leaseholder protections.

Valid break notice required before paragraph 31 notices can be served (On Tower v BT)

Property Disputes analysis: This decision overturns a decision of the Upper Tribunal in which it was held that a break notice need not be served before a paragraph 31 termination notice is served under the Electronic Telecommunications Code, in circumstances where a contractual break right was exercisable. Written by David Jones (associate) and Mark Barley (partner) at Womble Bond Dickinson.

Renting Homes (Wales) Act 2016, payment of rent and electrical condition reports (Beacon Cymru Group Ltd v Mitchell)

Property Disputes analysis: This latest decision follows the earlier (November 2024) judgment in Coastal Housing Group and others concerning social housing in Wales. The 2024 judgment dealt with the claimant landlords’ claims for declarations. The second part of the case dealt with the counterclaims brought by three contract-holders about the consequences of the landlords’ failure to give them electrical condition reports following the coming into force of the Renting Homes (Wales) Act 2016. The court held that if contract-holders had paid rent (rather than withheld it) the claimant landlords did not have to pay it back in relation to the period of breach. Written by Sarah Salmon, barrister at Cornerstone Barristers, who acted for the claimant landlords.

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